Town of Weston, CT
Fairfield County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Conservation Commission of the Town of Weston effective 3-16-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Commission — See Charter §§ 8.2 and 8.6(b).
Citations — See Ch. 39.
South Western Regional Planning Agency — See Ch. 167.
Aquifer protection area regulations — See Ch. 207.
Floodplain management regulations — See Ch. 212.
Subdivision regulations — See Ch. 230.
Zoning regulations — See Ch. 240.
215a App A Std Conditions 215b App B Art 8 of the Town Charter 215c App C Ord Reg Land Use Fees 215d App D Min Impact Admin Policy 215e App E Forms and Procedures
A. 
Findings and purpose.
(1) 
The wetlands and watercourses of the Town of Weston are indispensable, irreplaceable and fragile natural resources with which the citizens have been endowed. The wetlands and watercourses are an interrelated web of nature essential to an adequate supply of surface and underground water, to hydrological stability and control of flooding and erosion, to the recharging and purification of groundwater, and to the existence of many forms of animal, aquatic and plant life. Many wetlands and watercourses have been destroyed or are in danger of destruction because of unregulated use by reason of the deposition, filling or removal of material, the diversion or obstruction of water flow, the erection of structures and other uses, all of which have despoiled, polluted and eliminated wetlands and watercourses. Such unregulated activity has had, and will continue to have, a significant, adverse impact on the environment and ecology of Weston and has and will continue to imperil the quality of the environment, thus adversely affecting the ecological, scenic, historic and recreational values and benefits for the citizens of Weston now and forever more. The preservation and protection of the wetlands and watercourses from random, unnecessary, undesirable and unregulated uses, disturbance or destruction is in the public interest and is essential to the health, welfare and safety of the citizens of Weston.
(2) 
It is, therefore, the purpose of these regulations to protect the citizens of Weston by making provisions for the protection, preservation, and maintenance and use of the wetlands and watercourses by minimizing their disturbance and pollution; maintaining and improving water quality in accordance with the highest standards set by federal, state, or other local authority; preventing damage from erosion, turbidity or siltation; preventing loss of fish and other aquatic organisms, wildlife and vegetation and the destruction of the natural habitats thereof; deterring and inhibiting the danger of flood and pollution; protecting the quality of wetlands and watercourses for their conservation, economic, aesthetic, recreational and other public and private uses and values; and protecting potable freshwater supplies from the dangers of drought, overdraft, pollution, misuse and mismanagement by providing an orderly process to balance the need for the economic growth of Weston and the use of its land with the need to protect its environment and ecology in order to forever guarantee to the people of Weston the safety of such natural resources for their benefit and enjoyment and for the benefit and enjoyment of generations yet unborn.
B. 
These regulations shall be known as the "Inland Wetlands and Watercourses Regulations of the Town of Weston."
C. 
The Conservation Commission of Weston (the Commission) was established in accordance with an ordinance adopted February 15, 1973, and shall implement the purposes and provisions of the Inland Wetland and Watercourses Regulations of the Town of Weston.
D. 
These regulations have been adopted and may be amended, from time to time, in accordance with the provisions of the Inland Wetlands and Watercourses Act and these regulations.
E. 
The Commission shall enforce all provisions of the Inland Wetlands and Watercourse Regulations and shall grant, grant with terms, conditions, limitations or modifications, and deny permits for all regulated activities on inland wetlands and watercourses in the Town of Weston pursuant to §§ 22a-36 to 22a-45, inclusive, of the Connecticut General Statutes, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
ACT
The Inland Wetlands and Watercourses Act, §§ 22a-36 through 22a-45 of the Connecticut General Statutes, as amended.
AGENT
With respect to the Commission means a Town employee working for the Commission. "Duly authorized agent" means an individual designated by the Commission to carry out its functions and purposes, and with respect to the applicant means any person authorized in writing to act in the applicant's behalf.
AQUIFER
A water-bearing stratum of permeable rock, sand, or gravel.
BOGS
Waterways distinguished by evergreen trees and shrubs underlain by peat deposits, poor drainage, and highly acidic conditions.
BUFFER
An undisturbed natural area or a planted area adjacent to the edge of a wetland and/or a watercourse.
CLEAR-CUTTING
The cutting or the harvest of timber in a fashion which removes all trees down to a two-inch diameter at breast height.
COMMISSION
The Conservation Commission of the Town of Weston.
COMMISSIONER OF ENERGY AND ENVIRONMENTAL PROTECTION
The Commissioner of the State of Connecticut Department of Energy and Environmental Protection.
COMMISSION MEMBER
A member, or the designated alternate, of the Conservation Commission of the Town of Weston.
CONTINUAL FLOW
A flow of water which persists for an extended period of time; this flow may be interrupted during periods of drought or during the low-flow period of the annual hydrological cycle, June through September, but it recurs in prolonged succession.
DEPOSIT
Includes, but shall not be limited to, fill, grade, dump, place, discharge or emit.
DISCHARGE
Emission of any water, substance, or material into waters of the state, wetlands or watercourses, whether or not such substance causes pollution.
DISTURBING THE NATURAL AND INDIGENOUS CHARACTER OF THE LAND
The activity may significantly alter the inland wetlands and watercourses by reason of removal or deposition of material, clear-cutting, or alteration or obstruction of water flow or may result in the pollution of the wetland or watercourse.
ESSENTIAL TO THE FARMING OPERATION
The activity proposed is necessary and indispensable to sustain farming activities on the farm.
FARMING
Shall be consistent with the definition as noted in § 1-1(q) of the Connecticut General Statutes, as amended.
FEASIBLE
Able to be constructed or implemented consistent with sound engineering principles.
GARDENING
The tilling of the soil, planting, cultivating and harvesting of vegetables, fruits and/or flowers.
LICENSE
The whole or any part of any permit, certificate of approval or similar form of permission which may be required of any person by the provisions of these regulations under the authority of the Commission.
LIMITS OF DISTURBANCE
The line designating the separation between the nondisturbance area that may be required by the Commission and areas of disturbance.
MANAGEMENT PRACTICE
A practice, procedure, activity, structure or facility designed to prevent or minimize pollution or environmental damage or to maintain or enhance existing environmental quality. Such management practices include but are not limited to erosion and sedimentation controls; restrictions on land use or development; construction setbacks from wetlands or watercourses; proper disposal of waste materials; procedures for equipment maintenance to prevent fuel spillage; construction methods to prevent flooding or disturbance of wetlands and watercourses; design and construction of drainage systems to prevent post-construction disturbances or changes to wetlands or watercourses; and procedures for maintaining continuous stream flows confining construction that must take place in watercourses at times when water flows are low and fish and wildlife will not be adversely affected.
MARSHES
Areas with soils that exhibit aquic moisture regimes that are distinguished by the absence of trees and shrubs and are dominated by soft-stemmed herbaceous plants. The water table in marshes is at or above the surface throughout the year, but seasonal fluctuations are encountered and areas of open water six inches or more in depth are common.
MATERIAL
Any substance, solid or liquid, organic or inorganic, including but not limited to soil, sediment, aggregate, land, gravel, clay, bog, mud, debris, sand, refuse or waste.
MINIMAL IMPACT
A regulated activity that occurs within the regulated area, but not in a wetland or watercourse, and has no more than minimal impact on any wetland or watercourse as determined by the agent's objective review based on scientific and technical facts.
MUNICIPALITY
The Town of Weston, Fairfield County, Connecticut.
NONDISTURBANCE AREA
The portion of a property to be left in its existing natural state where no clearing, grubbing, tilling, filling, cultivation, excavation, construction, or other activities that change existing natural conditions take place.
NURSERIES
Places where plants are grown for sale, transplanting, or experimentation.
PERMIT
See "license."
PERMITTEE
The person to whom a license has been granted.
PERSON
Any person, firm, partnership, association, corporation, limited liability company, company, organization or legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof.
POLLUTION
Harmful thermal effect or the contamination or rendering unclean or impure of any waters of Weston by reason of any waste or other materials discharged or deposited therein by any public or private sewer or otherwise so as directly or indirectly to come in contact with any waters. This includes, but is not limited to, erosion and sedimentation resulting from any filling, land clearing or excavation activity.
PRUDENT
Economically and otherwise reasonable in light of benefits to be derived from the proposed regulated activity to the landowner, provided that cost may be considered in deciding what is prudent and further provided that a mere showing of expense will not necessarily mean an alternative is imprudent.
REGULATED ACTIVITY
Any operation within, or use of, a wetland or watercourse involving removal or deposition of material or any obstruction, construction, alteration or pollution of such wetlands or watercourses, but shall not include the specified activities in § 215-4 of these regulations. Furthermore, any clearing, grubbing, filling, grading, paving, excavating, constructing, depositing or removing of material and discharging of stormwater on the land within 100 feet (measured horizontally from the boundary) of any wetland or watercourse and any other activity located within such upland review area or in any other nonwetland or nonwatercourse area that is likely to impact or affect wetlands or watercourses is a regulated activity.
REGULATED AREA
Any wetland or watercourse and upland review area as defined in these regulations.
REMOVE
Includes, but shall not be limited to, drain, excavate, mine, dig, dredge, suck, grub, stump, bulldoze, dragline or blast.
RENDERING UNCLEAN OR IMPURE
Any alteration of the physical, chemical or biological properties of any waters of Weston, including but not limited to change in odor, color, turbidity or taste.
SIGNIFICANT ACTIVITY
Any activity, including but not limited to the following activities, which may have a major effect or impact on the area for which an application has been filed or on another part of the inland wetland or watercourse system:
A. 
Any activity involving deposition or removal of material which will or may have a substantial effect on the regulated area or on another part of the wetland or watercourse system or on wetlands or watercourses outside the area for which activity is proposed.
B. 
Any activity which substantially changes the natural channel or may inhibit the natural dynamics of a watercourse system.
C. 
Any activity which diminishes the natural capacity of a wetland or watercourse to support aquatic plant or animal life and habitats, desirable fisheries, wildlife, or other biological life, prevent flooding, supply water, assimilate waste, facilitate drainage, provide recreation or open space, or other functions.
D. 
Any activity which is likely to cause or which has the potential to cause turbidity, siltation or sedimentation in a wetland or watercourse.
E. 
Any activity which causes a substantial diminution of flow of a natural watercourse or groundwater levels of the wetland or watercourse.
F. 
Any activity which causes or has the potential to cause pollution of a wetland or watercourse.
G. 
Any activity that damages or destroys unique wetland or watercourse areas or such areas having demonstrable scientific or educational value.
H. 
Any activity which creates conditions which may adversely affect the health, welfare, and safety of any individual or the community.
SOIL SCIENTIST
An individual duly qualified in accordance with standards set by the federal Office of Personnel Management.
SUBMERGED LANDS
Those lands which are inundated by water on a seasonal or more frequent basis.
SWAMPS
Watercourses that are distinguished by the dominance of wetland trees and shrubs.
TOWN
The Town of Weston, Fairfield County, in the State of Connecticut.
UPLAND REVIEW AREA
An area within 100 feet of any wetlands or watercourse or a further distance if the proposed activity is likely to impact or affect the regulated area.
VERNAL POOL
Consists of a confined basin depression which contains a small body of standing water, usually drying out for part of the year during warm weather. It can be natural or man-made, and lacks a permanent outlet stream or any fish population. Further, the occurrence of one or more of the obligatory species which include the fairy shrimp, spotted salamander, jefferson salamander, marbled salamander, wood frog and eastern spadefoot toad is necessary to conclusively define the vernal pool.
WASTE
Sewage (natural or man-made) or any substance, liquid, gaseous, or solid, or any radioactive material which pollutes or tends to pollute any of the regulated areas.
WATERCOURSES
Rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs, and all other bodies of water, natural or artificial, vernal or intermittent, public or private, which are contained within, flow through or border upon the Town or any portion thereof not regulated pursuant to §§ 22a-28 through 22a-35, inclusive, of the Connecticut General Statutes, as amended. Intermittent watercourses shall be delineated by a defined permanent channel and bank and the occurrence of two or more of the following characteristics:
A. 
Evidence of scour or deposits of recent alluvium or detritus;
B. 
The presence of standing or flowing water for a duration longer than a particular storm incident; and
C. 
The presence of hydrophytic vegetation.
WESTON
The Town of Weston, Connecticut.
WETLANDS
Land, including submerged land as defined in this section, not regulated pursuant to §§ 22a-28 through 22a-35, inclusive, of the Connecticut General Statutes, as amended, which consists of any of the soil types designated as poorly drained, very poorly drained, alluvial and floodplain by the National Cooperative Soil Survey, as it may be amended from time to time, by the Natural Resources Conservation Service of the United States Department of Agriculture (USDA). Such areas may include filled, graded, or excavated sites which possess an aquic (saturated) soil moisture regime as defined by the USDA Cooperative Soil Survey.
A. 
The map of regulated areas, titled "Designated Inland Wetlands and Watercourses Map of the Town of Weston," dated September 7, 1976, current revision, delineates the general location and boundaries of inland wetlands and the general location of watercourses. Copies of this map are available for inspection in the office of the Town Clerk or the Commission. This map shall be considered to be a guide. In all cases, the precise location of regulated areas shall be determined by the actual character of the land, the distribution of wetland soil types, and location of watercourses. The Commission may use aerial photography, remote sensing imagery, resource mapping, soils maps, site inspection observations or other information in determining the location of the boundaries of wetlands and watercourses.
B. 
Any person or any property owner who disputes the designation of any part of his or her land or adjoining land which impacts on his or her property as a regulated area on the Designated Inland Wetlands and Watercourses Map of the Town of Weston may petition the Commission to change the Wetlands and Watercourses Map or may petition the Commission to change the designation in accordance with § 215-15 of these regulations. All petitions for a map change shall be submitted in writing and shall bear the burden of proof regarding the proposed map change and include all relevant facts and circumstances which support the change. The petitioner shall provide proof that the change is valid. Such proof may include but is not limited to aerial photography, remote sensing imagery, resource mapping, or other available information. The Commission may require such person to provide an accurate delineation of regulated areas in accordance with § 215-15 of these regulations.
C. 
The Commission or its agent(s) shall inventory and maintain current records of all regulated areas within the Town. The Commission may amend its map from time to time as information becomes available relative to more accurate delineation of wetlands and watercourses within the Town.
D. 
All map amendments are subject to the public hearing process outlined in § 215-15 of these regulations.
A. 
The following operations and uses shall be permitted in inland wetlands and watercourses, as of right:
(1) 
Grazing, farming, nurseries, gardening and harvesting of crops and farm ponds of three acres or less essential to the farming operation and activities conducted by, or under the authority of, the Department of Energy and Environmental Protection for the purposes of wetland or watercourse restoration or enhancement or mosquito control. The provisions of this subsection shall not be construed to include road construction or the erection of buildings not directly related to the farming operation, relocation of watercourses for continual flow, filling or reclamation of wetlands or watercourses with continual flow, clear-cutting of timber except for the expansion of agricultural cropland, or the mining of topsoil, peat, sand, gravel or similar material from wetlands or watercourses for the purposes of sale;
(2) 
A residential home for which a building permit has been issued or on a subdivision lot, provided that the permit has been issued or the subdivision has been approved by the Planning and Zoning Commission as of the effective date of promulgation of the municipal regulations pursuant to Subsection (b) of § 22a-42a of the Connecticut General Statutes or as of July 1, 1974, whichever is earlier, and further provided that no residential home shall be permitted as of right pursuant to this subsection unless the building permit was obtained on or before July 1, 1987. The individual claiming a use of a wetland permitted as of right under this subsection, or desiring to use a wetland not of right, shall document the validity by providing a certified copy of the building permit and a site plan showing proposed and existing topographic contours, house and well locations, septic system, driveway, approval dates or other necessary information to document his entitlement;
(3) 
Boat anchorage or mooring not to include dredging or dock construction;
(4) 
Uses incidental to the enjoyment or maintenance of residential property, such property defined as equal to or smaller than the largest minimum residential lot site permitted anywhere in the municipality and containing a residence. Such incidental uses shall include maintenance of existing structures and landscaping but shall not include removal or deposition of significant amounts of material from or into a wetland or watercourse or diversion or alteration of a watercourse;
(5) 
Construction and operation by water companies, as defined by § 16-1 of the Connecticut General Statutes, as amended, or by municipal water supply systems as provided for in Chapter 102 of the Connecticut General Statutes, of dams, reservoirs and other facilities necessary to the impounding, storage and withdrawal of water in connection with public water supplies, except as provided in §§ 22a-401 through 22a-410 of the Connecticut General Statutes, as amended; and
(6) 
Maintenance relating to any drainage pipe which existed before the effective date of any municipal regulations adopted pursuant to § 22a-42a of the Connecticut General Statutes or July 1, 1974, whichever is earlier, provided that such pipe is on property which is zoned as residential but which does not contain hydrophytic vegetation. For purposes of this Subsection A(6), "maintenance" means the removal of accumulated leaves, soil, and other debris, whether by hand or machine, while the pipe remains in place.
B. 
The following operations and/or uses shall be permitted as nonregulated uses in wetlands or watercourses, provided that they do not disturb the natural and indigenous character of the wetland or watercourse by removal or deposition of material, alteration or obstruction of water flow or pollution of the wetland or watercourse:
(1) 
Conservation of soil, vegetation, water, fish, shellfish, and wildlife.
(2) 
Outdoor recreation, including the use of play and sporting areas, golf courses, field trails, nature study, hiking, horseback riding, swimming, skin and scuba diving, camping, boating, water-skiing, trapping, hunting, fishing and shellfishing and cross-country skiing where otherwise legally permitted and regulated.
C. 
All activities in wetlands or watercourses involving filling, excavating, dredging, clear-cutting, grading or any other alteration or use of a wetland or watercourse not specifically permitted by this section and otherwise defined as a regulated activity by these regulations shall require a permit from the Commission in accordance with § 215-7 of these regulations or, for certain regulated activities located outside of wetlands and watercourses, from the Commission's duly authorized agent in accordance with § 215-12 of these regulations.
D. 
To carry out the purposes of this section, any person proposing to carry out a permitted or nonregulated operation and use shall, prior to commencement of such operation or use, notify the Commission on an application form provided by it and provide the Commission with sufficient information to enable it to properly determine that the proposed operation or use is a permitted or nonregulated use of the wetland or watercourse. The Commission shall rule that the proposed operation or use, or portion of it, is a permitted or a nonregulated use or operation or that the proposed operation or use is a regulated activity and that a permit is required.
E. 
Such ruling shall be in writing and shall be made no later than 15 days after the next regularly scheduled meeting of the Commission following the meeting at which the application was accepted as complete. Initiation of the permitted use or operation shall be within one year, and any ruling pursuant to this section shall expire one year from date of issue unless otherwise extended by the Commission.
The Commissioner of Energy and Environmental Protection shall have exclusive jurisdiction over:
A. 
Regulated activities in or affecting wetlands or watercourses undertaken by any department, commission, or instrumentality of the State of Connecticut, except any local or regional board of education, pursuant to § 22a-39 or 22a-45a of the Connecticut General Statutes, as amended.
B. 
Tidal wetlands designated and regulated pursuant to §§ 22a-28 through 22a-35 of the Connecticut General Statutes, as amended.
C. 
Activities authorized under a dam repair or removal order issued by the Commissioner of Energy and Environmental Protection under § 22a-402 of the Connecticut General Statutes, as amended, or a permit issued by the Commissioner of Energy and Environmental Protection under § 22a-403 of the Connecticut General Statutes, as amended. Any person receiving such dam repair or removal order or permit shall not be required to obtain a permit from the Commission for any action necessary to comply with said dam order or to carry out the activities authorized by said permit.
D. 
The discharge of fill or dredged materials into the wetlands and watercourses of the state pursuant to Section 401 of the Federal Clean Water Act, as amended, for activities regulated by the U.S. Army Corps of Engineers under Section 404 of the Federal Clean Water Act.
A. 
No person shall conduct or maintain a regulated activity without first obtaining a permit for such activity from the Commission.
B. 
Any person found to be conducting or maintaining a regulated activity without the prior authorization of the Commission, or violating any other provision of these regulations, shall be subject to the enforcement proceedings and penalties prescribed in § 215-14 of these regulations and any other remedies as provided by law.
A. 
Any person wishing to undertake a regulated activity shall apply for a permit on a form titled "Application for Permission To Conduct a Regulated Activity within an Inland Wetland or Watercourse Area in the Town of Weston." An application shall include an application form and such information as prescribed by Subsection C and, in the case of a significant activity, by Subsection D of this section. Application forms may be obtained in the office of the Weston Conservation Commission.
B. 
If an application to the Town of Weston Planning and Zoning Commission for subdivision or resubdivision of land involves land containing a wetland or watercourse, the applicant shall, in accordance with § 8-3(g), 8-3c or 8-26, as applicable, of the Connecticut General Statutes, as amended, submit an application for a permit to the Commission in accordance with this section no later than the day the application is filed with such Planning and Zoning Commission.
C. 
All applications shall contain such information in writing or on maps or drawings that is necessary for a fair and informed determination of the issues, including the following:
(1) 
The applicant's name, home and business address, mailing address, and telephone numbers. If the applicant is a corporation or partnership, the managing member or responsible corporate officer's name, address, and telephone numbers.
(2) 
The owner's name, address and telephone number and written consent if the applicant is not the owner of the land involved in the application.
(3) 
Applicant's interest in the land.
(4) 
The geographical location of the land which is to be affected by the proposed activity, including but not limited to a description of the land in sufficient detail to allow identification of the inland wetlands and watercourses, a computation of the area(s) (in acres or square feet) of wetland or watercourse disturbance, soil type(s) and wetland vegetation.
(5) 
The purpose and a description of the proposed activity and proposed erosion and sedimentation controls and other management practices and mitigation measures which may be considered as a condition of issuing a permit for the proposed regulated activity, including but not limited to measures to prevent or minimize pollution or other environmental damage, maintain or enhance existing environmental quality, or, in the following order of priority, restore, enhance and create productive wetland or watercourse resources.
(6) 
Alternatives which would cause less or no environmental impact to wetlands or watercourses considered by the applicant as well as why the proposal to alter wetlands set forth in the application was chosen. If required by the Commission, such alternatives shall be diagrammed on a site plan or drawing.
(7) 
A site plan showing the proposed activity and existing and proposed conditions in relation to wetlands and watercourses and identifying any further activities associated with, or reasonably related to, the proposed regulated activity which are made inevitable by the proposed regulated activity and which may have an impact on wetlands or watercourses.
(8) 
Names and addresses of all adjacent landowners.
(9) 
Statement by the applicant that the applicant is familiar with all the information provided in the application and is aware of the penalties for obtaining a permit through deception or through inaccurate or misleading information.
(10) 
Authorization for the members and agents of the Commission to inspect the land, at reasonable times, during the pendency of an application and for the life of the permit.
(11) 
Any other information the Commission deems necessary to the understanding of what the applicant is proposing.
(12) 
Payment of the appropriate filing fee based on the fee schedule in effect at the time of the submission of the application.
(13) 
Applications involving the installation of a new septic system will be accompanied by percolation test results.
(14) 
A completed Department of Energy and Environmental Protection reporting form. The Commission shall revise and correct the information provided by the applicant and submit the form to the Commissioner of Energy and Environmental Protection in accordance with § 22a-39-14 of the Regulations of Connecticut State Agencies.
D. 
If the proposed activity involves a significant activity as determined by the Commission and defined in § 215-2 of these regulations, additional information, based on the nature and anticipated effects of the activity, including but not limited to the following, may be required:
(1) 
Site plans for the proposed use or operation of the land which will be affected, which show existing and proposed conditions, wetland and watercourse boundaries, land contours, boundaries of land ownership, proposed alterations and uses of wetlands and watercourses, and other pertinent features of the land and the proposed activity, prepared by a licensed surveyor, professional engineer or architect registered in the State of Connecticut or by such other qualified person acceptable to the Commission.
(2) 
Engineering reports and analyses and additional drawings to fully describe the proposed project and any filling, excavation, drainage or hydraulic modifications to watercourses and the proposed erosion and sedimentation control plan.
(3) 
Mapping of soil types consistent with categories established by the National Cooperative Soil Survey of the Natural Resources Conservation Service (the Commission may require the applicant to have the wetlands delineated in the field by a soil scientist and that the field delineation be incorporated onto the plans).
(4) 
Description of the ecological communities and functions of the wetlands or watercourses involved with the application and the effects of the proposed regulated activities on these communities and wetland functions.
(5) 
Description of how the applicant will change, diminish, or enhance the ecological communities and functions of the wetlands or watercourses involved in the application, and with each alternative, a description of why each alternative considered was deemed neither feasible nor prudent.
(6) 
Analysis of chemical or physical characteristics of any fill material.
(7) 
Measures such as sedimentation and erosion control plans which mitigate the impact of the proposed activity. Such measures include, but are not limited to, plans or actions which avoid destruction or diminution of wetland or watercourse functions, recreational uses and natural habitats; which prevent flooding, degradation of water quality, erosion and sedimentation and obstruction of drainage; or which otherwise safeguard water resources.
(8) 
Analysis of the downgradient and downstream impact of the proposed activity.
E. 
The applicant shall certify in the application whether:
(1) 
Any portion of the property on which the regulated activity is proposed is located within 500 feet of the boundary of an adjoining municipality;
(2) 
Sewer (septic systems) or water drainage from the project site will flow through and impact the sewage or drainage system within the adjoining municipality;
(3) 
Water runoff from the improved site will impact streets or other municipal or private property within the adjoining municipality; or
(4) 
Traffic attributable to the completed project on the site will use streets within the adjoining municipality to enter and exit the site.
F. 
Four copies of all application materials shall be submitted to comprise a complete application or as is otherwise directed, in writing, by the Commission.
G. 
Any application to extend the expiration date of a previously issued permit or amend an existing permit shall be submitted to the Commission at least 65 days prior to the expiration date for the permit in accordance with § 215-11F through H of these regulations. Any application for amendment, renewal or extension shall be made in accordance with this section, provided that:
(1) 
The application may incorporate by reference the documentation and record of the original application.
(2) 
The application shall state the reason why the authorized activities were not initiated or completed within the time specified in the permit.
(3) 
The application shall describe any changes in facts or circumstances involved with or affecting wetlands or watercourses or the use of the land for which the permit was issued.
(4) 
The application shall describe the extent of work completed at the time of filing and the schedule for completing the activities authorized in the permit.
(5) 
The Commission may, prior to the expiration of a permit, accept an untimely application to extend the expiration date of a permit if the authorized activity is ongoing and to allow the continuation of the work beyond the expiration date if, in its judgment, the permit is likely to be extended and the public interest or environment will be best served by not interrupting the activity.
(6) 
The Commission shall evaluate the application pursuant to § 215-11 of these regulations and grant the application as submitted, grant it with any terms or limitations, or deny it.
H. 
Any application to renew a permit shall be granted upon request of the permit holder unless the Commission finds that there has been a substantial change in circumstances which requires a new permit application or an enforcement action has been undertaken with regard to the regulated activity for which the permit was issued, provided that:
(1) 
No permit issued during the time period from July 1, 2006, to July 1, 2009, inclusive, shall be valid for more than 11 years; and
(2) 
No permit issued prior to July 1, 2006, or after July 1, 2009, may be valid for more than 10 years.
I. 
For any permit application involving property subject to a conservation restriction or preservation restriction, the following shall apply:
(1) 
For the purposes of this Subsection I, the following terms shall have the meanings indicated:
CONSERVATION RESTRICTION
Any limitation, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will, or other instrument executed by or on behalf of the owner of the land described therein, including but not limited to the state or any political subdivision of the state, or in any order of taking such land whose purpose is to retain land or water areas predominantly in their natural, scenic, or open condition or in agricultural, farming, forest or open space use.
PRESERVATION RESTRICTION
A limitation, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will, or other instrument executed by or on behalf of the owner of the land, including but not limited to the state or any political subdivision of the state, or in any order of taking such land whose purpose is to preserve historically significant structures or sites.
(2) 
No person shall file a permit application, other than for interior work in an existing building or for exterior work on an existing building that does not expand or alter the footprint of such existing building, relating to property that is subject to a conservation restriction or a preservation restriction unless the applicant provides proof that the applicant has provided written notice of such application by certified mail, return receipt requested, to the party holding such restriction, including but not limited to any state agency that holds such restriction, not later than 60 days prior to the filing of the permit application.
(3) 
In lieu of such notice pursuant to Subsection I(2), the applicant may submit a letter from the holder of such restriction or from the holder's authorized agent verifying that the application is in compliance with the terms of the restriction.
A. 
All applications shall be submitted to the Conservation Commission of the Town of Weston.
B. 
In the case of any application where any portion of the wetland or watercourse on which the regulated activity is proposed is located within 500 feet of the boundary of Westport, Wilton, Easton, Redding or Fairfield, the applicant shall give written notice of the proposed activity by certified mail, return receipt requested, to the adjacent municipal wetland agency on the same day of filing an inland wetland permit application with the Commission. Documentation of such notice shall be provided to the Commission.
C. 
Notice to adjoining municipalities.
(1) 
The Commission shall, in accordance with Connecticut General Statutes § 8-7d(f), as amended, notify the clerk of any adjoining municipality of the pendency of any application, petition, appeal, request, or plan concerning any project or site in which:
(a) 
Any portion of the property affected by a decision of the Commission is located within 500 feet of the boundary of an adjoining municipality;
(b) 
A significant portion of the traffic to the completed project on the site will use streets within the adjoining municipality to enter or exit the site;
(c) 
A significant portion of the sewer or water drainage from the project site will flow through and significantly impact the sewage or drainage systems within the adjoining municipality; or
(d) 
Water runoff from the improved site will impact streets or other municipal or private property within the adjoining municipality.
(2) 
Such notice shall be made by certified mail, return receipt requested, and shall be mailed within seven days of the date of receipt of the application, petition, appeal, request, or plan.
D. 
When an application is submitted to conduct or cause to be conducted a regulated activity upon an inland wetland or watercourse, any portion of which is within the watershed of a water company as defined in § 25-32a of the Connecticut General Statutes, as amended, the applicant shall provide written notice of the application to the water company and the Commissioner of Public Health in a format prescribed by said Commissioner, provided that such water company or said Commissioner has filed a map showing the boundaries of the watershed on the land records of the municipality in which the application is made and with the inland wetlands agency of such municipality. Such notice shall be made by certified mail, return receipt requested, and shall be mailed not later than seven days after the date of the application. The water company and the Commissioner, through a representative, may appear and be heard at any hearing on the application. Documentation of such notice shall be provided to the Commission.
E. 
The date of acceptance of any petition, application, request or appeal shall be the day of the next regularly scheduled meeting of the Commission immediately following the date of submission to the Commission or its agent or 35 days after such submission, whichever is sooner.
F. 
At any time during the review period, the Commission may require the applicant to provide additional information about the regulated area or regulated activity which is the subject of the application or wetlands or watercourses affected by the regulated activity. The Commission shall not exceed the required sixty-five-day time limit in taking action on an application pending the receipt of additional information as set forth in § 215-11B of these regulations. Requests for additional information shall not stay the time limitations set forth in § 215-11B of these regulations.
G. 
All applications shall be open for public inspection.
H. 
Incomplete applications may be denied.
A. 
Determination to hold public hearing.
(1) 
The Commission shall not hold a public hearing on such application unless the Commission determines that:
(a) 
The proposed activity may have a significant impact on wetlands or watercourses;
(b) 
A petition signed by at least 25 persons who are 18 years of age or older and who reside in Weston requesting a hearing is filed with the Commission not later than 14 days after the date of receipt of such application; or
(c) 
The Commission finds that a public hearing regarding such application would be in the public interest.
(2) 
The Commission may issue a permit without a public hearing provided that no petition provided for in this section is filed with the Commission on or before the 14th day after the date of receipt of the application.
(3) 
Such hearing shall be held no later than 65 days after the receipt of such application. All applications and maps and documents relating thereto shall be open for public inspection. Any person may appear and be heard at any such public meeting.
B. 
Notice of the public hearing shall be published at least twice, at intervals of not less than two days, the first not more than 15 days and not less than 10 days and the last not less than two days before the date set for the hearing, in a newspaper having a general circulation in each town where the affected wetland and watercourse is located.
C. 
Notice of the public hearing shall be mailed by certificate of mailing by the applicant to the owner(s) of record of the land that is adjacent to the land that is the subject of the hearing no less than 15 days prior to the day of the hearing. When applicable, notification must also be made to the town clerk of an adjoining municipality and water companies pursuant to § 215-8C and D. Proof of such notification must be entered into the record.
A. 
Considerations for decision.
(1) 
The Commission may consider the following in making its decision on an application:
(a) 
The application and its supporting documentation.
(b) 
Public comments, evidence and testimony from a public hearing.
(c) 
Reports from other agencies and commissions, including but not limited to the Town of Weston Planning and Zoning Commission, Building Inspector, appropriate Health Officer of the Town and Town Engineer.
(2) 
The Commission may also consider comments on any application from the Fairfield County Soil and Water Conservation District, the South Western Regional Planning Agency or other regional organizations (i.e., Council of Elected Officials), agencies in adjacent municipalities which may be affected by the proposed activity, or other technical agencies or organizations which may undertake additional studies or investigations.
(3) 
Nonreceipt of comments from agencies and commissions listed in Subsection A(1)(c) above shall neither delay nor prejudice the decision of the Commission.
B. 
Standards and criteria for decision. In carrying out the purposes and policies of §§ 22a-36 to 22a-45 of the Connecticut General Statutes, as amended, including matters relating to regulating, licensing and enforcing of the provisions thereof, the Commission shall take into consideration all relevant facts and circumstances, including but not limited to:
(1) 
The environmental impact of the proposed regulated activity on wetlands or watercourses, including the effects on the inland wetland's and watercourse's capacity to support fish and wildlife, to prevent flooding, to supply and protect surface and ground waters, to control sediment, to facilitate drainage, to control pollution, to support recreational activities, and to promote public health and safety;
(2) 
The applicant's purpose for, and any feasible and prudent alternatives to, the proposed regulated activity, which alternatives would cause less or no environmental impact to wetlands or watercourses;
(3) 
The relationship between the short-term and long-term impacts of the proposed regulated activity on wetlands or watercourses and the maintenance and enhancement of long-term productivity of such wetlands or watercourses;
(4) 
Irreversible and irretrievable loss of wetland or watercourse resources which would be caused by the proposed regulated activity, including the extent to which such activity would foreclose a future ability to protect, enhance or restore such resources, and any mitigation measures which may be considered as a condition of issuing a permit for such activity, including but not limited to measures to prevent or minimize pollution or other environmental damage, maintain or enhance existing environmental quality, or, in the following order of priority, restore, enhance and create productive wetland or watercourse resources; such measures include, but are not limited to, actions which avoid adverse impacts or lessen impacts on wetlands and watercourses and which could be feasibly carried out by the applicant and would protect the wetland's or watercourse's natural capacity to support fish and wildlife, to prevent flooding, to supply and protect surface and ground waters, to control sedimentation, to prevent erosion, to assimilate wastes, to facilitate drainage, to control pollution, to support recreational activities and open space, and to promote public health and safety;
(5) 
The character and degree of injury to, or interference with, safety, health, or the reasonable use of property, including abutting, downgradient or upgradient property, which would be caused or threatened by the proposed activity or the creation of conditions which may do so. This includes recognition of potential damage from erosion, turbidity, or siltation; loss of fish and wildlife and their habitat; loss of unique habitat having demonstrable natural, scientific or educational value; loss or diminution of beneficial aquatic organisms and wetland plants; the dangers of flooding and pollution; and the destruction of the economic, aesthetic, recreational and other public and private uses and values of wetlands and watercourses to the community; and
(6) 
Impacts of the proposed regulated activity on wetlands or watercourses outside the area for which the activity is proposed and future activities associated with, or reasonably related to, the proposed regulated activity which are made inevitable by the proposed regulated activity and which may have an impact on wetlands or watercourses.
C. 
In the case of an application which received a public hearing pursuant to a finding by the Commission that the proposed activity may have a significant impact on wetlands and watercourses, a permit shall not be issued unless the Commission finds on the basis of the record that a feasible and prudent alternative does not exist. In making this finding the Commission shall consider the facts and circumstances set forth in Subsection B. The finding and the reasons therefor shall be stated on the record in writing.
D. 
In the case of an application which is defined on the basis of a finding that there may be feasible and prudent alternatives to the proposed regulated activity which have less adverse impact on wetlands or watercourses, the Commission shall propose on the record in writing the types of alternatives which the applicant may investigate, provided that this subsection shall not be construed to shift the burden from the applicant to prove that he is entitled to the permit or to present alternatives to the proposed regulated activity.
E. 
In reaching its decision on any application after a public hearing, the Commission shall base its decision on the record of that hearing. Documentary evidence or other material not in the hearing shall not be considered by the Commission in reaching its decision.
F. 
In reaching its decision, the Commission will not take into consideration any economic hardship which arises or might arise which may impact on the applicant as a result of his own actions.
G. 
The Commission shall not deny or condition an application for a regulated activity in an area outside wetlands or watercourses on the basis of an impact or effect on aquatic plant or animal life unless such activity will likely impact or affect the physical characteristics of such wetlands or watercourses.
H. 
In the case of an application where the applicant has provided written notice pursuant to § 215-7I(2) of these regulations, the holder of the restriction may provide proof to the Commission that granting of the permit application will violate the terms of the restriction. Upon a finding that the requested land use violates the terms of such restriction, the Commission shall not grant the permit approval.
I. 
In the case of an application where the applicant fails to comply with the provisions of § 215-7I(2) or (3) of these regulations:
(1) 
The party holding the conservation or preservation restriction, other than a state agency that holds such restriction, may, not later than 15 days after receipt of actual notice of permit approval, file an appeal with the Commission, subject to the rules and regulations of the Commission relating to appeals. The Commission shall reverse the permit approval upon a finding that the requested land use violates the terms of such restriction; or
(2) 
The state agency that holds the restriction may, not later than 30 days after receipt of actual notice of permit approval, file an appeal with the Commission, subject to the rules and regulations of the Commission relating to appeals. The Commission shall immediately reverse such permit approval if the commissioner of the state agency that holds such restriction certifies that the land use authorized in such permit violates the terms of such conservation or preservation restriction.
J. 
Nothing in § 215-7I(2) or (3) of these regulations shall be construed to prohibit the filing of a permit application or to require such written notice when the activity that is the subject of such permit application will occur on a portion of property that is not restricted under the terms of such conservation or preservation restriction.
A. 
In granting a permit the Commission, or its duly authorized agent, may grant the application as submitted or grant it upon other terms, conditions, limitations or modifications of the regulated activity which are designed to carry out the policy of §§ 22a-36 to 22a-45, inclusive, of the Connecticut General Statutes, as amended, or deny the application. Such terms may include any reasonable measures which would mitigate the impacts of the regulated activity and which would prevent or minimize pollution or other environmental damage, maintain or enhance existing environmental quality, or, in the following order of priority, restore, enhance and create productive wetland or watercourse resources.
B. 
No later than 65 days after acceptance of an application, the Commission may hold a public hearing on such application. The hearing shall be completed within 35 days of its commencement, and action shall be taken on applications within 35 days after completion of a public hearing. In the absence of a public hearing, action shall be taken on applications within 65 days from the date of acceptance of the application. The applicant may consent to one or more extensions of the periods specified in this subsection for the holding of the hearing and for action on such application, provided that the total cumulative extensions of any such periods shall not be for longer than the original period as specified in this subsection, or may withdraw such application. The failure of the Commission to act within any time period specified in this subsection, or any extension thereof, shall not be deemed to constitute approval of the application. An application deemed incomplete by the Commission must either be withdrawn by the applicant or denied by the Commission.
C. 
The Commission shall state upon its record the reasons and bases for its decision.
D. 
The Commission shall notify the applicant and any person entitled to such notice of its decision within 15 days of the date of the decision by certified mail, return receipt requested, and the Commission shall cause notice of its order in the issuance or denial of the permit to be published in a newspaper having general circulation in the Town of Weston wherein the inland wetland or watercourse lies. In any case in which such notice is not published within such fifteen-day period, the applicant may provide for the publication of such notice within 10 days thereafter. A copy of all Commission decisions shall be forwarded to the Commissioner of Energy and Environmental Protection in such a form as prescribed by the Commissioner.
E. 
If an activity authorized by the Commission permit also involves an activity or project which requires zoning or subdivision approval, a special zoning permit, variance or special exception, under § 8-3(g), 8-3c or 8-26 of the Connecticut General Statutes, as amended, a copy of the decision and report on the application shall be filed with the appropriate board or commission within 15 days of the decision.
F. 
If the Commission denies the permit without prejudice, or if it grants a permit with terms, conditions, limitations or modifications, the applicant may attempt to modify the proposal to the Commission's satisfaction. The Commission shall determine whether the proposed modification requires the filing of a new application. A modified or corrected application may be denied by the Commission.
G. 
If the Commission denies an application, a resubmitted application may be denied unless the proposal is modified in a fashion that substantially changes the impacts which resulted in the denial.
H. 
Any permit issued by the Commission prior to July 1, 2006, or after July 1, 2009, for the development of land for which an approval is required under § 8-3, 8-25 or 8-26 of the Connecticut General Statutes, as amended, shall be valid for five years, provided that the Commission may establish a specific time period within which any regulated activity shall be conducted. Any permit issued by the Commission prior to July 1, 2006, or after July 1, 2009, for any other activity shall be valid for not less than two years and not more than five years. Any permit issued by the Commission during the time period from July 1, 2006, to July 1, 2009, inclusive, shall expire not less than six years after the date of such approval.
I. 
No permit issued by the Commission shall be assigned or transferred without the written permission of the Commission. Permits may be transferred, provided that the party to whom the permit is transferred submits a notarized letter to the Commission stating that there will be no changes in the plan. The letter must also state that the party understands and will comply with all conditions of approval of the original application. The Commission shall approve all transfers in writing prior to any transfer occurring.
J. 
If a bond or insurance is required in accordance with § 215-13 of these regulations, no permit shall take effect until such bond or insurance is provided.
K. 
General provisions in the granting of all permits.
(1) 
The Commission has relied in whole or in part on information provided by the applicant, and if such information subsequently proves to be false, deceptive, incomplete or inaccurate, the permit may be modified, suspended or revoked.
(2) 
All permits issued by the Commission are subject to and do not derogate any present or future rights or powers of the Commission or the Town of Weston, and convey no rights in real estate or material nor any exclusive privileges, and are further subject to any and all public and private rights and to any federal, state, and municipal laws or regulations pertinent to the subject land or activity.
(3) 
If the activity authorized by the inland wetland permit also involves an activity or a project which requires zoning or subdivision approval, special permit, variance or special exception under § 8-3(g), 8-3c or 8-26 of the Connecticut General Statutes, as amended, no work pursuant to the wetland permit may begin until such approval is obtained.
(4) 
In constructing the authorized activities, the permittee shall implement such management practices consistent with the terms and conditions of the permit as needed to control stormwater discharges and to prevent erosion and sedimentation and to otherwise prevent pollution to wetlands and watercourses.
A. 
The Commission may delegate to its agent the authority to approve or extend an activity that is not located in a wetland or watercourse when such agent finds that the conduct of such activity would result in no greater than a minimal impact on any wetlands or watercourses, provided that such agent has completed the comprehensive training program developed by the Commissioner pursuant to § 22a-39 of the Connecticut General Statutes, as amended. Requests for a minimal impact administrative permit shall be made on a form provided by the Commission and shall contain the information listed under § 215-7C of these regulations and any other information the Commission may reasonably require. Notwithstanding the provisions for acceptance and processing of applications prescribed in §§ 215-8 and 215-11 of these regulations, such agent may approve or extend such an activity at any time in accordance with the Commission's Minimal Impact Administrative Review Permits (ARP) Policy dated July 2001.
B. 
Any person receiving such approval from such agent shall, within 10 days of the date of such approval, publish, at the applicant's expense, notice of the approval in a newspaper having a general circulation in the town wherein the activity is located or will have an effect. Any person may appeal such decision of such agent to the Commission within 15 days after the publication date of the notice and the Commission shall consider such appeal at its next regularly scheduled meeting, provided that such meeting is no earlier than three business days after receipt of such appeal. Any person may appear and be heard at the meeting held by the Commission to consider the subject appeal. The Commission shall, at its discretion, sustain, alter, or reject the decision of its agent or require an application for a permit in accordance with § 215-8 of these regulations.
C. 
The agent shall reach a decision on all applications no later than 65 days after acceptance of an application.
D. 
If the agent fails to act within the prescribed time period, the application shall be reviewed and a decision rendered by the Commission at its next regularly scheduled meeting.
A. 
Upon approval of the application and prior to granting a permit, the applicant may be required, at the discretion of the Commission, to file a bond with such surety in such amount and in a form approved by the Commission.
B. 
The bond or surety shall be conditioned on compliance with all provisions of these regulations and the terms, conditions and limitations established in the permit.
C. 
The Commission may require the applicant to certify that it has public liability insurance against liability which might result from the proposed operation or use of the wetlands or watercourses covering any and all damage which might occur within two years of completion of such operations, in an amount to be determined by the Commission commensurate with the regulated activity.
A. 
The Commission may appoint an agent or agents to act in its behalf with the authority to inspect property, except a private residence, and issue notices of violation or cease and desist orders and carry out other actions or investigations necessary for the enforcement of these regulations. In carrying out the purposes of this section, the Commission or its agent shall take into consideration the criteria for decision under § 215-10B of these regulations.
B. 
The Commission or its agent may make regular inspections, at reasonable hours, of all regulated activities for which permits have been issued with the consent of the property owner or the authorized agent of the owner during the life of the permit.
C. 
In the case in which a permit has not been issued or a permit has expired, the Commission or its agent may make regular inspections at reasonable hours with the consent of the property owner or the authorized agent of the property owner.
D. 
If the Commission or its agent finds that any person is conducting or maintaining any activity, facility or condition which is in violation of the Act or these regulations, the Commission or its agent may:
(1) 
Issue a written order to be either hand delivered or sent by certified mail, return receipt requested, to such person conducting such activity or maintaining such facility or condition to immediately cease such activity or to correct such facility or condition. Within 10 days of the issuance of such order the Commission shall hold a hearing to provide the person an opportunity to be heard and show cause why the order should not remain in effect. The Commission shall consider the facts presented at the hearing and, within 10 days of the completion of the hearing, notify the person by certified mail that the original order remains in effect, that a revised order is in effect, or that the order has been withdrawn. The Commission shall publish notice of its decision in a newspaper having general circulation in the Town of Weston. The original order shall be effective upon issuance and shall remain in effect until the Commission affirms, revises or withdraws the order. The issuance of an order pursuant to this subsection shall not delay or bar an action pursuant to § 22a-44(b) of the Connecticut General Statutes, as amended.
(2) 
Issue a notice of violation to such person conducting such activity or maintaining such facility or condition stating the nature of the violation and the jurisdiction of the Commission and prescribing the necessary action and steps to correct the violation, including, without limitation, halting work in wetlands or watercourses. The Commission may request that the individual appear at the next regularly scheduled meeting of the Commission to discuss the unauthorized activity and/or provide a written reply to the notice or file a proper application for the necessary permit. Failure to carry out the action(s) directed in a notice of violation may result in issuance of the order provided in Subsection D(1) or other enforcement proceedings as provided by law.
(3) 
Record a certificate or notice of a cease and desist order or order to correct an inland wetland or watercourse violation with the Town Clerk for recording in the Town's land records. The certificate or notice will be released upon compliance with the order.
E. 
The Commission may suspend or revoke a permit if it finds that the permittee has not complied with the terms, conditions or limitations set forth in the permit or has exceeded the scope of the work as set forth in the application, including application plans. Prior to revoking or suspending any permit, the Commission shall issue notice to the permittee, personally or by certified mail, return receipt requested, setting forth the facts or conduct which warrants the intended action. The Commission shall hold a hearing to provide the permittee an opportunity to show compliance with the permit and any and all requirements for retention of the permit. The permittee shall be notified of the Commission's decision to suspend, revoke, or maintain a permit by personal service or certified mail within 15 days of the date of its decision. The Commission shall publish notice of the suspension or revocation in a newspaper having general circulation in the municipality.
F. 
In accordance with § 22a-42g of the Connecticut General Statutes, as amended, any person violating any provisions of these regulations may be subject to fines pursuant to ordinances of the Town of Weston as may be enacted or amended from time to time.
A. 
These regulations and the Designated Inland Wetlands and Watercourses Map of the Town of Weston dated September 7, 1976, may be amended, from time to time, by the Commission in accordance with changes in the Connecticut General Statutes or regulations of the State Department of Energy and Environmental Protection, as amended, or as new information regarding soils and inland wetlands and watercourses becomes available.
B. 
An application submitted to the Commission which is in conformance with the applicable inland wetlands regulations as of the date of the acceptance of such application shall not be required thereafter to comply with any change in inland wetlands regulations, including changes to setbacks and buffers, taking effect on or after the date of such acceptance, and any appeal from the decision of such Commission with respect to such application shall not be dismissed by the Superior Court on the grounds that such a change has taken effect on or after the date of such acceptance. The provisions of this subsection shall not be construed to apply to:
(1) 
The establishment, amendment or change of boundaries of inland wetlands or watercourses; or
(2) 
Any change in regulations necessary to make such regulations consistent with the provisions of Chapter 440 of the General Statutes (the Act), as amended, as of the date of such acceptance.
C. 
These regulations and the Town of Weston Inland Wetlands and Watercourses Map shall be amended in the manner specified in § 22a-42a of the Connecticut General Statutes, as amended. The Commission shall provide the Commissioner of Energy and Environmental Protection with a copy of any proposed regulations and notice of the public hearing to consider any proposed regulations or amendment thereto, except map amendments, at least 35 days before the public hearing on their adoption.
D. 
Petitions requesting changes or amendments to the Designated Inland Wetlands and Watercourses Map of the Town of Weston shall contain at least the following information:
(1) 
The petitioner's name, address and telephone number.
(2) 
The owner's name (if not the petitioner), address, telephone number, and a written consent to the proposed action set forth in the application.
(3) 
Petitioner's interest in the land affected by the petition.
(4) 
Map(s) showing the geographic location of the land affected by the petition and the existing and the proposed wetland(s) boundaries on such land in accurate detail together with the documentation supporting such proposed boundary locations.
(5) 
The reasons for the requested action.
E. 
Any person who submits a petition to amend the Designated Inland Wetlands and Watercourses Map of the Town of Weston, Connecticut, dated September 7, 1976, shall bear the burden of proof for all requested map amendments. Such proof may include, but is not limited to, professional interpretation of aerial photography and remote sensing imagery, resource mapping soils, mapping, or other information acceptable to the Commission. If such person is the owner, developer or contract purchaser of the land which is the subject of the petition, or if such person is representing the interests of such an owner, developer or purchaser, in addition to the information required in Subsection D, the petition shall include:
(1) 
The name, address and telephone number of the owner(s) of such land and owner's agent or other representative;
(2) 
The names and addresses of the owners of abutting land;
(3) 
Documentation by a soil scientist of the distribution of wetland soils on said land. Such documentation shall at a minimum include the report of the soil scientist documenting the location of wetland soils on the land and a map of said land indicating the flag locations set by the soil scientist and defining the boundaries of wetland soil types; and
(4) 
Map(s) showing any proposed development of the land in relation to existing and proposed wetland and watercourse boundaries.
F. 
Inland wetlands and watercourses shall be delineated by a certified soil scientist, geologist, ecologist or other qualified individual acceptable to the Commission.
G. 
A public hearing shall be held on petitions to amend the Designated Inland Wetland and Watercourses Map. Notice of the hearing shall be published in a newspaper having substantial circulation in the Town of Weston at least twice, at intervals of not less than two days, the first not more than 15 days nor less than 10 days and the last not less than two days, before such hearing. All materials including maps and documents relating to the petition shall be open for public inspection and filed in the Town Clerk's office at least 10 days before the hearing.
H. 
The Commission shall hold a public hearing on a petition to amend the regulations and the Inland Wetlands and Watercourses Map within 65 days after acceptance of such a petition. The public hearing shall be completed within 35 days after commencement. The Commission shall act upon the changes requested in such petition within 65 days after completion of the hearing. At such hearing, any person or persons may appear and be heard and may be represented by an agency or attorney. The petitioner may consent to one or more extensions of the periods specified in this subsection, provided that the total extension of all such periods shall not be for longer than 65 days, or may withdraw such petition. The failure of the Commission to act within any time period specified in this subsection, or any extension thereof, shall not be deemed to constitute approval of the petition.
I. 
The Commission shall make its decision and state, in writing, the reasons why the change in the Inland Wetland and Watercourses Map was made.
A. 
Appeal of actions of the Commission shall be made in accordance with the provisions of § 22a-43 of the Connecticut General Statutes, as amended.
B. 
Notice of such appeal shall be served upon the Commission and the Commissioner of Energy and Environmental Protection.
A. 
If there is a conflict between the provisions of these regulations, the provision which imposes the most stringent standards for the use of wetlands and watercourses shall govern. The invalidity of any word, clause, sentence, section, part, subsection or provision of these regulations shall not affect the validity of any other part which can be given effect without such valid part or parts.
B. 
If there is a conflict between any provision of these regulations and the provisions of the Act, the provisions of the Act shall govern.
Nothing in these regulations shall obviate the requirements for the applicant to obtain any other assents, permits or licenses required by law or regulation by the Town of Weston, State of Connecticut and the government of the United States, including any approval required by the Connecticut Department of Energy and Environmental Protection and the U.S. Army Corps of Engineers. Obtaining such assents, permits or licenses is the sole responsibility of the applicant.
A. 
Method of payment. All fees required by these regulations shall be submitted to the Commission by certified check or money order payable to the Town of Weston at the time the application is submitted to the Commission.
B. 
No application shall be granted or approved by the Commission unless the correct application fee is paid in full or unless a waiver has been granted by the Commission pursuant to Subsection F of this section.
C. 
The application fee is not refundable.
D. 
The application fees shall be based on the fee schedule set forth in Chapter 70, Fees, Article I, Land Use Fees, of the Town Code.
E. 
Exemption. Boards, commissions, councils, and departments of the Town of Weston are exempt from all fee requirements.
F. 
Waiver. The applicant may petition the Commission to waive, reduce, or allow delayed payment of the fee. Such petitions shall be in writing and shall state fully the facts and circumstances the Commission should consider in its determination under this subsection. The Commission may waive all or part of the application fee if the Commission determines that:
(1) 
The activity applied for would clearly result in a substantial public benefit to the environment or to the public health and safety and the applicant would reasonably be deterred from initiating the activity solely or primarily as a result of the amount of the application fee; or
(2) 
The amount of the application fee is clearly excessive in relation to the cost to the Town for reviewing and processing the application.
(3) 
The applicant has shown good cause.
G. 
Support service fee.
(1) 
In the event that additional expenses, including but not limited to outside consultants, experts, or legal advisors, are incurred in processing the permit application, the applicant may be assessed an additional fee in accordance with § 70-2, Support service fee, of the Town Code to cover said costs. Said fees are to be estimated by a qualified party or expert and submitted with the application fee and held until the application is completely processed, after which time any residual funds pertaining to this assessment are to be returned to the applicant.
(2) 
For the purpose of this assessment, "outside consultant" means a professional who is not an employee of the Town of Weston, including but not limited to engineering, environmental, hydrogeology and hazardous materials management professionals.
H. 
The Commission shall state upon its record the basis for all actions under this section.
These regulations shall become effective upon filing in the office of the Town Clerk and publication of a notice of such action in a newspaper having general circulation in the Town of Weston.
A. 
The Commission and the Town Clerk for the Town of Weston shall retain complete administrative records of Commission actions and dispose of such records in accordance with the retention/disposition schedules set forth in Subsection B.
B. 
The Public Records Administrator of the Connecticut State Library established the following records retention/disposition schedule for municipal inland wetlands records, effective February 2005:
Minimum Retention
Disposition
Applications (include supporting materials)
10 years
Destroy
Decision letters
10 years
Destroy
Approved site plans
10 years
Destroy
Legal notices
1 year
Destroy
Staff and public written testimony
10 years
Destroy
Minutes of meetings and public hearings
Permanent
Maintain
Tapes, audio - inland wetland matters
1 year, unless appeal
1 year after appeal
Destroy
Notices of violation and orders
10 years
Destroy
Text of changes adopted in regulations
Continuous update/permanent
Maintain
General correspondence issued or received
5 years
Destroy